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Definitions
In this Agreement:
adjacent area means an area where the law of a State is applied by Commonwealth law.
adjacent State, in relation to an adjacent area, means the State whose laws are applied to that area by Commonwealth law.
applied laws, in relation to a State, means the substantive and procedural laws applied to the State by clauses 2 and 3 of the cooporative scheme.
arrival State means the participating State in which an Australian ship next
arrives, with the alleged offender on board, after an offence has been
committed on or from that ship within the adjacent area of another
participating State.
Australian ship has the meaning given by clause 1 of the cooperative
scheme.
authority has the meaning given in clause 3 of the cooperative scheme.
Commonwealth means the Commonwealth of Australia.
cooperative scheme means the legislative and administrative scheme for
applying and enforcing criminal law in the areas adjacent to the coast of
Australia, set out in Schedule 1 to the Crimes at Sea Act 2000 (Commonwealth).
participating State means a State that is party to the cooperative scheme
and this Agreement
State has the meaning given by clause I of the cooperative scheme. |
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Duty etc of an authorityof an adjacent State
An authority (other than a ,court) of a State that has a power, duty or function (other than a power, duty or function involving the exercise of
judicial power) under a provision of the criminal law of that State that is
also an applied law, has a corresponding power, duty or function under the
applied law.
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| 3 |
International obligations to be observed
In exercising or performing powers, duties and functions under the
cooperative scheme, the parties and their agencies must act so as to avoid
any breach by Australia of its international obligations, in particular under
the United Nations Convention on the Law of the Sea. having regard
especially to the responsibilities of Australia with respect to ships of the
Australian flag, and to the rights of other countries in the maritime areas to
which the arrangementsin this Agreement apply. |
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Application of primary responsibility
(1) In respect of an alleged offence in an adjacent area, the adjacent State has primary responsibility for taking investigation and prosecution action under
its applied laws in any of the following circumstances:
| (a) |
the conduct occurs on, from or in relation to, a fixed or floating platform or other installation in that area; |
| (b) |
the conduct occurs on or from an Australian ship and the next place of entry to Australia is, or is intended to be at the time the conduct occurs, within that State; |
| (c) |
the alleged offender is an Australian citizen whose next place of entry to Australia is, or is intended to be at the time the conduct occurs, within that State. |
(2) However:
| (a) |
the arrival State has primary responsibility for taking investigation and prosecution action if the conduct occurs on or from an Australian ship
and the next place of entry to Australia is within that State; and |
| (b) |
the Commonwealth has primary responsibility for taking investigation
and prosecution action in respect of any alleged offence on or from an
Australian Defence Forces ship when it is outside the limits of a State. |
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| 5 |
Investigatory etc decision to conform to standard
A decisiono f an authorityo f the State (or the Commonwealth) having primary responsibility under clause 4 whether to investigate, or further
investigate, or prosecute or seek extradition, must be taken in the same
manner and subject to the same considerations and policies as apply to
decisions in relation to other similar alleged offences against the laws of
that State or the Commonwealth |
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Undertaking to consult
(1) Where more than one party may take investigation or prosecution action in relation to the same alleged offence, the parties concerned must consult at
the request of any of them on how the matter should be dealt with.
(2) If, following consultation, it appears that one of those parties may more conveniently take action to investigate or prosecute the alleged offence, it
should do so.
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Undertaking to assist other parties
Bearing in mind the possible difficulties for any single party of taking action at sea in relation to an alleged offence:
| (a) |
any other party must, on request, give whatever assistance it considers practicable to the party with primary responsibility in relation to the
alleged offence; and |
| (b) |
the Commonwealth must, on a request for assistance being made to the Attorney-General of the Commonwealth by the Attomey-General of
the State with primary responsibility in relation to the alleged offence,
use its best endeavours to secure that assistance from any relevant
Commonwealth department, body or agency (including the Australian Defence Force, the Australian Customs Service and the Australian
Federal Police), and any such assistance may include:
| (i) |
the gathering of evidence; or |
| (ii) |
the provision of investigating personnel; or |
| (iii) |
the provision of transport, communictaion facilities or information. |
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Date of effect
This Agreement comes into effect on the commencement of Schedule to the Crimes at Sea Act 2000 of the Commonwealth. |
Signed by the Honourable Minister for Justice and Customs of the Commonwealth of Australia